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Contract Terms Construction Project Property Owners

Gray Reed

Disrupted Operations – Owners Beware!

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Industrial construction is poised for continued growth in 2025, especially with incoming presidential administration and its anticipated emphasis on domestic economic production. Nowhere will this growth be seen more than in...more

DarrowEverett LLP

The ABCs of AIA Contracts: Legal Considerations

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Whether you love them, hate them or this is your first-time hearing of them, the AIA form document set, created by the American Institute of Architects (AIA), are the most widely used forms in the construction industry today....more

Miller Nash LLP

[Webinar] Finish First When Others Around You Fall: Tips on How to Financially Protect Your Organization During a Project -...

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From a practical business perspective, you can evade disaster, protect your payments from others’ financial shortages, and avoid the pitfalls of another’s bankruptcy—and still end up first—with a bit of knowledge, planning,...more

Bradley Arant Boult Cummings LLP

Alabama Lien Law 101

You did not get paid for your labor and material, so you ask, what can I do? Alabama’s lien law provides you an opportunity to place a lien on the property for certain unpaid amounts for labor and materials. If you follow the...more

Schwabe, Williamson & Wyatt PC

Use of Development Agreements to Facilitate Complex Development

A development agreement is a voluntary contract between a property owner and a local government to establish the rules that will direct the development, use, and mitigation of a specific property. The intent of Washington’s...more

Bradley Arant Boult Cummings LLP

Prime Contractor Beware, No. 1: Watch Out for Owner/Lender Consent and Assignment Agreements

After months of working with a new developer client (and providing hours of unreimbursed value engineering) and hard negotiations over the cost plus GMP contract (fighting over indemnity/escalation/savings/liquidated damage...more

Harris Beach Murtha PLLC

MA Appeals Court: Contractor's Pay Applications Deemed Approved for Owner's Failure to Comply with Prompt Pay Law

The Massachusetts Appeals Court has interpreted for the first time the Massachusetts Prompt Payment Act (the “Prompt Pay Law”) in the matter of Tocci Building Corporation v. IRIV Partners, LLC, et al., Nos. 21-P-393 &...more

Bradley Arant Boult Cummings LLP

Step-by-Step: Failure to Strictly Comply With Dispute Resolution Procedure Can Waive Contractual Right to Arbitrate

Most state and federal courts have expressed a strong preference for parties to resolve their legal disputes via binding arbitration when there is an arbitration clause applicable to the dispute, but there are instances where...more

Bradley Arant Boult Cummings LLP

Right to Payment: Substantial Performance and Satisfaction

A recent opinion from the Court of Appeals of Texas provides clarification regarding a contractor’s right to payment where the adequacy of the work performed is challenged and an owner attempts to rely on a satisfaction...more

Miller Canfield

Poland: Project owner liability to subcontractor under unjust enrichment provisions of Civil Code - selected issues

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Three distinct parties are usually involved in the delivery of a construction project: the project owner, the general contractor, and the subcontractor (or subcontractors). But whereas the relationship between the project...more

Stark & Stark

Termination of Construction Contract for Convenience by Project Owner

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In the past, construction contracts could typically only be terminated if there was a breach of the construction agreement by the owner or contractor. Under such scenarios, litigation often arose concerning whether the...more

Pullman & Comley, LLC

Bonding Off Mechanic's Liens:  Not Just for Property Owners

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Property owners are often confronted with a contractor threatening a mechanic’s lien on their property. These liens may stem from a dispute between them and their contractor, or even between a subcontractor and a general...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Unforeseen Site Conditions - October 21st, 12:00 pm - 12:45 pm EST

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19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Webinar] Specific Claims – Unforeseen Site Conditions - October 22nd, 12:00 pm - 12:45 pm EST

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Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

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Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

Farrell Fritz, P.C.

Municipal Development Agreement: Found To Be Illegal Contract Zoning

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In the Matter of Giora Neeman v Town of Warwick, __AD3d__, 2020 NY Slip Op 03112, the Second Department recently declared that a development agreement entered into between the respondent/defendant Black Bear Family...more

Farrell Fritz, P.C.

Think Before You Speak: Words and Actions Can Bind You Beyond The Terms of a Previously Agreed Upon Subcontract Agreement

Farrell Fritz, P.C. on

In a recent case before Justice Andrea Masley, Corporate Electrical Technologies, Inc. v. Structure Tone, Inc. et al., Plaintiff Corporate Electrical Technologies, Inc. (“CET”), a subcontractor, was hired by Structure Tone,...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Overcoming FORO (Fear of Rip Off)

Dear YouDig?, I admit it. As an engineer I like to tinker. A few months in to a factory project our team tinkered up a change in the materials and the delivery system that would save the owner a bucket of money for just a...more

Pierce Atwood LLP

Should You Use Integrated Project Delivery on Your Next Construction Project?

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Complex construction projects have many moving parts and numerous stakeholders.  Each project often contains its own unique challenges and obstacles.  Finding the right solution does not often come by trying to utilize a...more

Hahn Loeser & Parks LLP

Owners and Contractors Beware! Electronic Payments in Construction Are Subject to Increased Fraud

While electronic funds transfer is considered a convenient and quicker way to process payments and receive funds on construction projects, this practice presents significant risk to project participants. Contractual and...more

White & Case LLP

When Do Defects Prevent Practical Completion?

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Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more

Shutts & Bowen LLP

Contractors: Are your contracts prepared for a Hurricane? A look into force majeure clauses following Hurricane Michael.

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Hurricane Michael made landfall on the Florida panhandle as the third strongest Atlantic hurricane on record to hit the United States. Hurricane Michael was the strongest hurricane, in terms of sustained winds, to hit the...more

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